Legal Question in Tax Law in Iowa

My husbands ex-wife is stating she is planning on filing a tax return becuase she bought a house and gets money from that. She is not working, nor has she worked the entire 2010 year. She did live her boyfriend in this house with the 4 kids; he worked and recieved unemployment. My husbands divorce papers say that he gets all 4 kids until she gets a job, or can argue that it's financial benficial for her to claim the kids. It does not say her boyfriend, or family member can claim the kids. We do not want to get into trouble with the IRS if we attempt to claim the 4 kids like the divorce papers say--can she legal claim the children if she did not support them by working? Can her boyfriend claim the kids since he did work and recieved unemployment? I have done some reserach and some places say it depends who can prove they've provided the most support for the children. My husband pays childsupport monthly and that has been their primary source of income and that's how they live. We understand that in order for my husband to claim the kids she has to sign a form, would the same go for her would my husband have to sign a form for her to claim the kids? We live in IA she lives in IL I didn't know if that made a difference or not; and we are aware that we do not qualify for EIC since they do not live with us.

We want to get some answers before we try to file our taxes.


Asked on 1/25/11, 10:54 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The custodial parent is entitled to the deduction unless the dissolution decree says otherwise. If it says you get them, then you get them. The support test has not been law since 1986.

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Answered on 1/27/11, 5:41 pm


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